LMIA Closed Work Permit & PGPW Expiry Timing

[lovecharles13]

Hi guys,

I would appreciate some advice from someone who was in a similar situation. My PGWP WP is expiring June 10th. My employer has applied for an LMIA on May 9th. I understand that it takes 3 months on average to get a response. On June 8th they plan to apply for a WP extension on my behalf which gives me 60 days to provide confirmation [until August 7th] that my LMIA has been processed and granted.

Questions:

1) In case LMIA takes longer than August 7th, how likely is that I will get refusal on that same day (after 60 days)?

2) If they refuse the renewal, will I have 90 days to restore my status from the day of the refusal, or from the day of the expiry of my original WP (June 10th)? I understand that I need to stop working immediately if the refusal comes in.

3) Let's say all goes well and LMIA comes through positive before August 7th, I apply for Closed LMIA WP, how long will it take me to get it? Is it up to a year? Would I not be able to travel at all during this time?

4) What if I lose my job (quit or get laid off) during the period while my new WP is in processing? What happens to my status?

Thank you so much for your help.

 

[Naturgrl]

Hi guys,

I would appreciate some advice from someone who was in a similar situation. My PGWP WP is expiring June 10th. My employer has applied for an LMIA on May 9th. I understand that it takes 3 months on average to get a response. On June 8th they plan to apply for a WP extension on my behalf which gives me 60 days to provide confirmation [until August 7th] that my LMIA has been processed and granted.

Questions:

1) In case LMIA takes longer than August 7th, how likely is that I will get refusal on that same day (after 60 days)?

2) If they refuse the renewal, will I have 90 days to restore my status from the day of the refusal, or from the day of the expiry of my original WP (June 10th)? I understand that I need to stop working immediately if the refusal comes in.

3) Let's say all goes well and LMIA comes through positive before August 7th, I apply for Closed LMIA WP, how long will it take me to get it? Is it up to a year? Would I not be able to travel at all during this time?

4) What if I lose my job (quit or get laid off) during the period while my new WP is in processing? What happens to my status?

Thank you so much for your help.

1. Expect longer. Some employers have been waiting for LMIA since May 2024. Is it high wage? NOC?
2. You can restore status if your refusal says you can. You cannot work and processing right now for a WP is over 200 days so let employer know.
3. Processing is over 200 days. You could leave Canada if you have a valid TRV or eTA to enter.
4. If you lose job or have not WP then change status to visitor.

 

[lovecharles13]

1. Expect longer. Some employers have been waiting for LMIA since May 2024. Is it high wage? NOC?
2. You can restore status if your refusal says you can. You cannot work and processing right now for a WP is over 200 days so let employer know.
3. Processing is over 200 days. You could leave Canada if you have a valid TRV or eTA to enter.
4. If you lose job or have not WP then change status to visitor.

Thank you so much for your response and the insights!

Yes, high wage, NOC 10019.

Do you think I could apply to restore status as visitor if they deny WP extension within 60 days? I have family here and can stay with them. I need my points which I get another year of experience in August bumps me to 509 from 499.

So refusal may also say "you cannot restore status"? Why would that be the case, just curious?

 

[Naturgrl]

Thank you so much for your response and the insights!

Yes, high wage, NOC 10019.

Do you think I could apply to restore status as visitor if they deny WP extension within 60 days? I have family here and can stay with them. I need my points which I get another year of experience in August bumps me to 509 from 499.

So refusal may also say "you cannot restore status"? Why would that be the case, just curious?

You can change status to visitor but then you cannot apply for an WP inside Canada with a LMIA. You would have to leave and apply from home country. As for restoring status because, your PGWP expired in June and you are not restoring within 90 days of that expiry.

How long did they repost your job to apply for LMIA

 

[lovecharles13]

You can change status to visitor but then you cannot apply for an WP inside Canada with a LMIA. You would have to leave and apply from home country. As for restoring status because, your PGWP expired in June and you are not restoring within 90 days of that expiry.

How long did they repost your job to apply for LMIA

Got it. Thank you. They advertised my job for 4-5 weeks before applying and it's still active I believe.

As of the expiry, I meant that on August 1st I will receive +10 points for my EE. That's within 90 days since expiry of WP is June and I can work on implied status until after let's say 60 days pass and IRCC denies WP extension since LMIA will still be in process. At that point, can I apply to restore status as visitor?

I think I would have good chances of being invited with 509 points, no? I could wait for a few months without working on a visitor visa and see.

 

[Naturgrl]

Got it. Thank you. They advertised my job for 4-5 weeks before applying and it's still active I believe.

As of the expiry, I meant that on August 1st I will receive +10 points for my EE. That's within 90 days since expiry of WP is June and I can work on implied status until after let's say 60 days pass and IRCC denies WP extension since LMIA will still be in process. At that point, can I apply to restore status as visitor?

I think I would have good chances of being invited with 509 points, no? I could wait for a few months without working on a visitor visa and see.

There hasn't been a CEC draw so don't count on it for this year. Maybe, but who knows.

You are applying for a fake extension as you are not allowed to extend a PGWP.

 

[lovecharles13]

There hasn't been a CEC draw so don't count on it for this year. Maybe, but who knows.

You are applying for a fake extension as you are not allowed to extend a PGWP.

Oh. The immigration counsel my employer hired advised this. I thought you are allowed to apply for a WP ext based on LMIA processing? What about this article from IRCC? Am I misunderstanding?
https://ircc.canada.ca/english/helpcentre/answer.asp?qnum=701&top=17

Does this not apply to PGWP WPs?

 

[lovecharles13]

There hasn't been a CEC draw so don't count on it for this year. Maybe, but who knows.

You are applying for a fake extension as you are not allowed to extend a PGWP.

Does this not apply to PWGP WPs and only other type of WPs?:

I want to extend my expiring work permit, but I don’t have a new LMIA or CAQ yet. What should I do?​

You can apply without a Labour Market Impact Assessment (LMIA) or a Quebec Acceptance Certificate (CAQ) if your work permit expires within 2 weeks of the date that you apply.

You must include both

• proof of a valid job offer
• proof that the LMIA or CAQ request was made, by either
  • including a copy of the application sent to Service Canada or the Ministère de l’Immigration, de la Francisation et de l’Intégration
  • including a copy of the receipt confirmation number, if the request was made online
  • indicating, in the section Details of Intended Work in Canadaof the work permit application,
    • the date the LMIA/CAQ request was sent,
    • the office it was sent to,
    • the employer’s name, and
    • the confirmation number for the submission, if available.

If you’re waiting for your CAQ​

When you apply online, you’ll be asked to upload a copy of your CAQ. If you have a copy of the receipt confirmation number or a copy of the application, you can upload those documents instead.

When you get your LMIA or CAQ​

You must send us proof that you’ve received the LMIA or CAQ within 60 days of the date your application was received. If not, your application could be refused.

 

[Naturgrl]

Oh. The immigration counsel my employer hired advised this. I thought you are allowed to apply for a WP ext based on LMIA processing? What about this article from IRCC? Am I misunderstanding?
https://ircc.canada.ca/english/helpcentre/answer.asp?qnum=701&top=17

Does this not apply to PGWP WPs?

Within 2 weeks, not before.